Can You Trademark Something “Scandalous”?
For decades, the Lanham Act prohibited trademarks that were “immoral” or “scandalous.” The law left it up to the U.S. Patent and Trademark Office (USPTO) to determine when an application involved a scandalous mark, and the USPTO would deny trademark applications accordingly. Now, however, an applicant has appealed his denial all the way to the Supreme Court of the United States (SCOTUS), and SCOTUS effectively struck down the ban on scandalous trademarks. In the case of Iancu v. Brunetti, a clothing designer appealed the repeated denial of his application to trademark the name of his clothing brand, which was the acronym F.U.C.T. The USPTO had been denying his applications since the 1990s based on “scandalous” content. SCOTUS, however, ruled in a 6-3 decision that the law banning immoral or scandalous…
